Bill Text: CA AB254 | 2011-2012 | Regular Session | Amended
Bill Title: Developmental services: Employment First Policy.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB254 Detail]
Download: California-2011-AB254-Amended.html
BILL NUMBER: AB 254 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Beall
FEBRUARY 3, 2011
An act to amend Section Sections
4646.5 and 4868 of, and to add Section 4869 to, the
Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 254, as amended, Beall. Developmental services: Employment
First Policy.
The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide support and services to individuals with
developmental disabilities. The services and supports to be provided
to a regional center consumer are contained in an individual program
plan (IPP), developed in accordance with prescribed requirements.
Existing law requires the State Council on Developmental
Disabilities to , among other responsibilities, form a
standing Employment First Committee to identify strategies and
recommend legislative, regulatory, and policy changes to increase
integrated employment , as defined, for persons with
developmental disabilities, as specified.
This bill would revise the definition of integrated employment to
include supported employment, microenterprises, and self-employment,
as defined.
This bill would require the regional center, when developing an
individual program plan for a transition age youth or working age
adult, to be guided by the Employment First Policy. The bill also,
beginning when a consumer is 14 years of age, would require the
planning team to discuss school-to-work opportunities during
individual program plan meetings and to inform the consumer, parent,
legal guardian, or conservator that the regional center is available,
upon request, to participate in the consumer's individualized
education plan meetings to discuss and coordinate
transition planning with the school district . The
bill would require the planning team, as part of the individual
program plan process for working age adults, to address integrated
employment opportunities, while respecting the consumer's right to
choose.
The bill would also require regional centers to ensure that
consumers, beginning at 14 years of age, and, where appropriate,
other specified persons, are provided with information about the
Employment First Policy, about options for integrated competitive
employment, and about services and supports, including postsecondary
education, available to enable the consumer to transition from school
to work, and to achieve the outcomes of obtaining and maintaining
integrated competitive employment.
The bill would authorize the department to request information
from regional centers on current and planned activities related to
the Employment First Policy, including data on the numbers of
consumers engaged in integrated competitive employment.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4646.5 of the
Welfare and Institutions Code is amended to read:
4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
(1) Gathering information and conducting assessments to determine
the life goals, capabilities and strengths, preferences, barriers,
and concerns or problems of the person with developmental
disabilities. For children with developmental disabilities, this
process should include a review of the strengths, preferences, and
needs of the child and the family unit as a whole. Assessments shall
be conducted by qualified individuals and performed in natural
environments whenever possible. Information shall be taken from the
consumer, his or her parents and other family members, his or her
friends, advocates, providers of services and supports, and other
agencies. The assessment process shall reflect awareness of, and
sensitivity to, the lifestyle and cultural background of the consumer
and the family.
(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and a
statement of specific, time-limited objectives for implementing the
person's goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships, be
part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.
(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.
(4) When developing an individual program plan for a transition
age youth or working age adult, the regional center shall be guided
by the Employment First Policy described in Chapter 14 (commencing
with Section 4868). Beginning when a consumer is 14 years of age, the
planning team shall discuss school-to-work opportunities during
individual program plan meetings, and the regional center
representative shall inform the consumer, parent, legal guardian, or
conservator that the regional center is available, upon request, to
participate in the consumer's individualized education plan meetings
to discuss and coordinate transition planning with the school
district.
(4)
(5) A schedule of the type and amount of services and
supports to be purchased by the regional center or obtained from
generic agencies or other resources in order to achieve the
individual program plan goals and objectives, and identification of
the provider or providers of service responsible for attaining each
objective, including, but not limited to, vendors, contracted
providers, generic service agencies, and natural supports. The
individual program plan shall specify the approximate scheduled start
date for services and supports and shall contain timelines for
actions necessary to begin services and supports, including generic
services.
(5)
(6) When agreed to by the consumer, the parents or
legally appointed guardian of a minor consumer, or the legally
appointed conservator of an adult consumer or the authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548 and subdivision (e) of Section 4705, a review of the
general health status of the adult or child including a medical,
dental, and mental health needs shall be conducted. This review shall
include a discussion of current medications, any observed side
effects, and the date of last review of the medication. Service
providers shall cooperate with the planning team to provide any
information necessary to complete the health status review. If any
concerns are noted during the review, referrals shall be made to
regional center clinicians or to the consumer's physician, as
appropriate. Documentation of health status and referrals shall be
made in the consumer's record by the service coordinator.
(6)
(7) (A) The development of a transportation access plan
for a consumer when all of the following conditions are met:
(i) The regional center is purchasing private, specialized
transportation services or services from a residential, day, or other
provider, excluding vouchered service providers, to transport the
consumer to and from day or work services.
(ii) The planning team has determined that a consumer's community
integration and participation could be safe and enhanced through the
use of public transportation services.
(iii) The planning team has determined that generic transportation
services are available and accessible.
(B) To maximize independence and community integration and
participation, the transportation access plan shall identify the
services and supports necessary to assist the consumer in accessing
public transportation and shall comply with Section 4648.35. These
services and supports may include, but are not limited to, mobility
training services and the use of transportation aides. Regional
centers are encouraged to coordinate with local public transportation
agencies.
(7)
(8) A schedule of regular periodic review and
reevaluation to ascertain that planned services have been provided,
that objectives have been fulfilled within the times specified, and
that consumers and families are satisfied with the individual program
plan and its implementation.
(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person's
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer's
parents, legal guardian, or conservator requests an individual
program plan review, the individual program shall be reviewed within
30 days after the request is submitted.
(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing service
coordination staff, and the Organization of Area Boards shall
prepare training material and a standard format and instructions for
the preparation of individual program plans, which embodies an
approach centered on the person and family.
(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of
individual program plans at each regional center to assure that these
plans are being developed and modified in compliance with Section
4646 and this section.
SECTION 1. Section 4646.5 of the Welfare and
Institutions Code is amended to read:
4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
(1) Gathering information and conducting assessments to determine
the life goals, capabilities and strengths, preferences, barriers,
and concerns or problems of the person with developmental
disabilities. For children with developmental disabilities, this
process should include a review of the strengths, preferences, and
needs of the child and the family unit as a whole. Assessments shall
be conducted by qualified individuals and performed in natural
environments whenever possible. Information shall be taken from the
consumer, his or her parents and other family members, his or her
friends, advocates, providers of services and supports, and other
agencies. The assessment process shall reflect awareness of, and
sensitivity to, the lifestyle and cultural background of the consumer
and the family.
(2) A statement of goals, based on the needs, preferences, and
life choices of the individual with developmental disabilities, and a
statement of specific, time-limited objectives for implementing the
person's goals and addressing his or her needs. These objectives
shall be stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives should
maximize opportunities for the consumer to develop relationships, be
part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.
(3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.
(4) When developing an individual program plan for a transition
age youth or working age adult, the regional center shall be guided
by the Employment First Policy described in Chapter 14 (commencing
with Section 4868). Beginning when a consumer is 14 years of age, the
planning team shall discuss school-to-work opportunities during
individual program plan meetings, and the regional center
representative shall inform the consumer, parent, legal guardian, or
conservator that the regional center is available, upon request, to
participate in the consumer's individualized education plan meetings
to discuss transition planning.
(5) A schedule of the type and amount of services and supports to
be purchased by the regional center or obtained from generic agencies
or other resources in order to achieve the individual program plan
goals and objectives, and identification of the provider or providers
of service responsible for attaining each objective, including, but
not limited to, vendors, contracted providers, generic service
agencies, and natural supports. The plan shall specify the
approximate scheduled start date for services and supports and shall
contain timelines for actions necessary to begin services and
supports, including generic services.
(6) When agreed to by the consumer, the parents or legally
appointed guardian of a minor consumer, or the legally appointed
conservator of an adult consumer or the authorized representative,
including those appointed pursuant to subdivision (d) of Section 4548
and subdivision (e) of Section 4705, a review of the general health
status of the adult or child including a medical, dental, and mental
health needs shall be conducted. This review shall include a
discussion of current medications, any observed side effects, and the
date of last review of the medication. Service providers shall
cooperate with the planning team to provide any information necessary
to complete the health status review. If any concerns are noted
during the review, referrals shall be made to regional center
clinicians or to the consumer's physician, as appropriate.
Documentation of health status and referrals shall be made in the
consumer's record by the service coordinator.
(7) A schedule of regular periodic review and reevaluation to
ascertain that planned services have been provided, that objectives
have been fulfilled within the times specified, and that consumers
and families are satisfied with the individual program plan and its
implementation.
(b) For all active cases, individual program plans shall be
reviewed and modified by the planning team, through the process
described in Section 4646, as necessary, in response to the person's
achievement or changing needs, and no less often than once every
three years. If the consumer or, where appropriate, the consumer's
parents, legal guardian, or conservator requests an individual
program plan review, the individual program shall be reviewed within
30 days after the request is submitted.
(c) (1) The department, with the participation of representatives
of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing service
coordination staff, and the Organization of Area Boards shall
prepare training material and a standard format and instructions for
the preparation of individual program plans, which embodies an
approach centered on the person and family.
(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of
individual program plans at each regional center to assure that these
plans are being developed and modified in compliance with Section
4646 and this section.
SEC. 2. Section 4868 of the Welfare and
Institutions Code is amended to read:
4868. (a) The State Council on Developmental Disabilities shall
form a standing Employment First Committee consisting of the
following members:
(1) One designee of each of the members of the state council
specified in subparagraphs (B), (C), (D), (F), and (H) of paragraph
(2) of subdivision (b) of Section 4521.
(2) A member of the consumer advisory committee of the state
council.
(b) In carrying out the requirements of this section, the
committee shall meet and consult, as appropriate, with other state
and local agencies and organizations, including, but not limited to,
the Employment Development Department, the Association of Regional
Center Agencies, one or more supported employment provider
organizations, an organized labor organization representing service
coordination staff, and one or more consumer family member
organizations.
(c) The responsibilities of the committee shall include, but need
not be limited to, all of the following:
(1) Identifying the respective roles and responsibilities of state
and local agencies in enhancing integrated and gainful employment
opportunities for people with developmental disabilities.
(2) Identifying strategies, best practices, and incentives for
increasing integrated employment and gainful employment opportunities
for people with developmental disabilities, including, but not
limited to, ways to improve the transition planning process for
students 14 years of age or older, and to develop partnerships with,
and increase participation by, public and private employers and job
developers.
(3) Identifying existing sources of employment data and
recommending goals for, and approaches to measuring progress in,
increasing integrated employment and gainful employment of people
with developmental disabilities.
(4) Recommending legislative, regulatory, and policy changes for
increasing the number of individuals with developmental disabilities
in integrated employment, self-employment, and
microenterprises, and who earn wages at or above minimum
wage, including, but not limited to, recommendations for improving
transition planning and services for students with developmental
disabilities who are 14 years of age or older. This shall include,
but shall not be limited to, the development of an
Employment First Policy, a policy with the
intended outcome of which is a significant increase in
significantly increasing the number of
individuals with developmental disabilities who engage in integrated
employment, self-employment, and microenterprises,
and in the number of individuals who earn wages at or above minimum
wage. This proposed policy shall be in furtherance of the intent of
this division that services and supports be available to enable
persons with developmental disabilities to approximate the pattern of
everyday living available to people without disabilities of the same
age and that support their integration into the mainstream life of
the community, and that those services and supports result in more
independent, productive, and normal lives for the persons served. The
proposed Employment First Policy policy
shall not limit service and support options otherwise available
to consumers, or the rights of consumers, or, where appropriate,
parents, legal guardians, or conservators to make choices in their
own lives.
(d) For purposes of this chapter, "integrated
the following definitions shall apply:
(1) "Competitive employment
" means work in the competitive labor market that is performed on a
full-time or part-time basis in an integrated setting and for which
an individual is compensated at or above the minimum wage, but not
less than the customary wage and level of benefits paid by the
employer for the same or simi lar work performed by
individuals who are not disabled.
(2) "Integrated employment"
shall have the same definition as means
"integrated work" as defined in subdivision (o) of Section 4851
, microenterprises, self-employment, and supported employment, as
defined in subdivision (n) of Section 4851 .
(3) "Microenterprises" means small businesses owned by individuals
with developmental disabilities who have control and responsibility
for decisionmaking and overseeing of the business, with accompanying
business licenses, taxpayer identification numbers other than social
security numbers, and separate business bank accounts.
Microenterprises may be considered integrated competitive employment.
(4) "Self-employment" means an employment setting in which an
individual works in a chosen occupation, for profit or fee, in his or
her own small business, with control and responsibility for
decisions affecting the conduct of the business.
(e) The committee, by July 1, 2011, and annually thereafter, shall
provide a report to the appropriate policy committees of the
Legislature and to the Governor describing its work and
recommendations. The report due by July 1, 2011, shall include the
proposed Employment First Policy policy
described in paragraph (4) of subdivision (c).
SEC. 2. SEC. 3. Section 4869 is
added to the Welfare and Institutions Code, to read:
4869. In furtherance of the Employment First Policy established
pursuant to this chapter, the individual program plan process for
working age adults shall address integrated employment opportunities,
while respecting the consumer's right to choose.
4869. (a) (1) It is the policy of the state that
integrated, competitive employment is the priority outcome for
working age individuals with developmental disabilities. This policy
shall be known as the Employment First Policy.
(2) This policy is in furtherence of the intent of this division
to make services and supports available to enable persons with
developmental disabilities to approximate the pattern of everyday
living available to people without disabilities of the same age, to
support the integration of persons with developmental disabilities
into the mainstream life of the community, and to bring about more
independent, productive, and normal lives for the persons served.
(3) Implementation of the policy shall be consistent with the
rights established pursuant to this division, including the right of
people with developmental disabilities to make informed choices with
respect to individual program planning and implementation.
(4) Integrated competitive employment is intended to be the first
option considered for working age individuals, but individuals may
choose goals other than integrated competitive employment.
(b) Regional centers shall ensure that consumers, beginning at 14
years of age, and, where appropriate, their parents, legal guardians,
or conservators, are provided with information, in a language that
the consumer and, as appropriate, the consumer's representative
understand, about the Employment First Policy, about options for
integrated competitive employment, and about services and supports,
including postsecondary education, available to enable the consumer
to transition from school to work, and to achieve the outcomes of
obtaining and maintaining integrated competitive employment.
(c) The department may request information from regional centers
on current and planned activities related to the Employment First
Policy, including data on the numbers of consumers engaged in
integrated competitive employment.
(d) As appropriate, the department shall post information on its
Internet Web site pertaining to the Employment First Policy,
including technical assistance and training materials, best
practices, resources, and regional center-specific data, by gender,
race, and type and severity of disability, on progress made in
increasing the number of consumers in integrated employment, and the
number of consumers earning wages at or above minimum wage.
